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NO ENTRY .... what your opinions on this behaviour and whats your advice

  • 07-01-2022 11:10pm
    #1
    Registered Users Posts: 213 ✭✭ samjames


    We bought a piece of ground 20 years ago and 4 weeks ago I bought another field marching both our fields and my neighbours, put his nose out of joint

    We all use a shared lane as yonks with his land on the right and ours on the left but recently he is blocking the lane with his JCB 3CX, he pulls it across the lane and locked it up on purpose, no talking to him

    At present going through the courts could take years to sort it and not much good at the present time



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Comments

  • Registered Users Posts: 10,077 ✭✭✭✭ Base price


    Do you require a right of way to the field that you recently bought? Do you need one to access this field? Was the field sold with an right of way into it?



  • Registered Users Posts: 2,091 ✭✭✭ Dinzee Conlee


    Do you need the lane or do you have access to your ground from the road? Could you open a gap to work away?

    I’d still chase him through the courts, but just wondering if you could work away yourself and leave him with his digger there…



  • Registered Users Posts: 213 ✭✭ samjames


    the field is not on the existing lane, its the land we have had as years that the lane goes up through and half ours and half his and he is now blocking the access to the land we have over 20 years, we can access it from another route but its an extra mile plus journey to travel but he does not own the lane



  • Registered Users Posts: 8,220 ✭✭✭ tanko


    What have the Guards said about this?



  • Registered Users Posts: 213 ✭✭ samjames


    not really interested and say its a civil matter



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  • Registered Users Posts: 213 ✭✭ samjames


    We contacted them twice, they talk about it being a civil matter and courts, Guards did not seem interested at all and I know if they do come out and told him to move it, he would just move something else there



  • Registered Users Posts: 17,379 ✭✭✭✭ cnocbui


    Escalate - go over their heads to the boss.



  • Registered Users Posts: 7,452 ✭✭✭ 893bet


    Is the Jcb close to his house that he will be happy to leave it there for an extended period?



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  • Registered Users Posts: 773 ✭✭✭ minerleague


    Get guard to give you a signed document stating what action they took



  • Registered Users Posts: 10,382 ✭✭✭✭ wrangler


    Its amazing the wayits condition would deteriorate rapidly blocking some lanes alright



  • Registered Users Posts: 12,728 ✭✭✭✭ Mad_maxx


    Oh you can and public highways if only one or two people use them

    Seen a situation twenty years ago where a cousin of mine was denied access to land he had rented ( and his father before him ) for decades, blow in erects a gate three quarters of the way up a one km local authority lane .

    Guy had serious pull with the guards and not only did the guards say ' that's a civil matter " , they told my cousin they would arrest him if he damaged the gate .

    Local authority were too lazy to intervene as only the blow in and my cousin used the highway, eventually a local TD put pressure on the local authority to do something and gate came down nine months later


    Now perhaps the belligerent here has no pull with the boys in blue but I wouldn't be relying on the guards to deal with an access blocking situation with respect of what's not even a lane under the charge of the local authority



  • Registered Users Posts: 1,863 ✭✭✭ Lime Tree Farm


    I took my written complaint to the local station one time - I knew the local Garda was a family friend of the one causing the offence. They had to take it seriously and have a chat with him.



  • Registered Users Posts: 1,314 ✭✭✭ epfff


    Meat factorys know their stuff and seldom do things wrong so why not follow their lead.

    Whe farmers blocked their gate they took out an injunction for losses.

    I'd be thinking that is your most profitable piece of land and is defo costing you 1k a week while you can't get into it.



  • Registered Users Posts: 2,177 ✭✭✭ cute geoge


    A quick question who exactly owns the lane I.e. who owns rhe land at either side .Then it is a case of who has a right to use the lane.If the farmer with the jcb who is blocking owns the lane ,then the op would need a right of way to use the lane .Most of these right of ways have never being registered so that is probably the stumbling block .There is alot of grey area in rights of way



  • Registered Users Posts: 278 ✭✭ 1373


    Google land direct.ie and zoom in on the area involved. You will see immediately if the lane in in your folio or his or maybe ye both owns a share of the lane . It will give a better angle on how to proceed



  • Registered Users Posts: 12,728 ✭✭✭✭ Mad_maxx


    most right of ways are not registered , that it might not be registered does not in any way conclusively invalidate it , woe betide anyone who tries to seize a right of way from someone in this country



  • Registered Users Posts: 8,125 ✭✭✭ Mooooo


    Op said he owns one side, yer man the other so he owns out to half the lane most likely



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  • Registered Users Posts: 849 ✭✭✭ Easten


    Did the new field you bought come with a right of way onto the lane? If not then you cannot access that field via the lane even if you are crossing your own field. He could be within his right to stop you as you would be the one tress passing. Guards are of no use here as it is a civil matter. Best talk to a solicitor to see if it is the case.

    I blocked a forester from traveling a shared lane when he tried to access his own forestry via a private lane that the forest in question had no right of way to even though the forester owned other land with a right of way on the lane. I held a tipper truck for a day, guards came and went did nothing for them. Truck driver begged me to let him out which I eventually did after he made a solemn promise never to return. I had gotten advice from a solicitor and new exactly what to do. It sounds like you neighbor has been advised too



  • Registered Users Posts: 7,452 ✭✭✭ 893bet


    I wouldn’t suggest that. More that of it’s not close to him to keep an eye one he will hardly leave it there long terms and the OP might be able rise above.


    Does the JCB need to be moved for yer man to access aswell? Or has he easy access from the other end some way? if the battery went missing from the JCB it would be a pain in the arse for him to move it when he needs it. Of course he may then use that an an excuse to leave it there long term etc. Excalation will lead to wire getting cut, gates been left open etc.


    Not a pretty situation. I would be inclined to ignore for a month and see if he gets bored.



  • Registered Users Posts: 1,863 ✭✭✭ Lime Tree Farm


    My understanding is that the field he bought 20 years ago is accessed through the lane that splits his own and his neighbours Land. It's the new purchase at a different location that has put his neighbours nose out of joint and blocked the lane out of spite.



  • Registered Users Posts: 2,091 ✭✭✭ Dinzee Conlee


    So how do rights of way work exactly?

    I would have thought if a lad had a right of way, it didn’t matter where he went once he got to the end of the right of way - but your post suggests this isn’t the case?

    Why did you stop him? Was it cos he was bringing in forestry machinery or why?

    In this case though, the OP said the lane is also to access the existing land they have with a long time. So how could the jcb owner justify blocking the lane now?



  • Registered Users Posts: 849 ✭✭✭ Easten


    What I am saying is if you have a field A which has a right of way onto a private lane then if you were to purchase another field at the back of field A which did not have a right of way onto the lane then field B cannot access the lane via field A.

    This has been proven in law many times



  • Registered Users Posts: 2,541 ✭✭✭ SuperTortoise


    So you can't put up a gate inbetween field A and field B and run cattle through field A onto the right of way? That sounds a bit mad no?



  • Registered Users Posts: 849 ✭✭✭ Easten


    Yes you can go between the two fields, but you cannot access the lane from field B via field A.

    In my case it is easy to prove as the forester had thinned the forest and wanted to take the timber out the lane. It is very obvious that he would be tress passing by doing that



  • Registered Users Posts: 849 ✭✭✭ Easten


    “If a right of way be granted for the enjoyment of Close A, the grantee, because he owns or acquires Close B, cannot use the way in substance for passing over Close A to Close B.”

    Romer LJ in Harris v Flower (1904)



  • Registered Users Posts: 773 ✭✭✭ minerleague


    I know ROW cant be used for a different purpose ( like forestry in your case ) without approval but youd want to be very contrary to stop someone if field B was been farmed in same manner as field A. Sounds unbelievable anyway as how would you know ( stand watching to see if they went down ROW across field A and stopped at the gap into field B 🤣



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  • Registered Users Posts: 849 ✭✭✭ Easten


    In my case the forester simply didn't have a ROW for field B. But you do raise another point which comes under intensification of use. Just because someone has a ROW for agricultural activities he suddenly can't set up a different commercial activity like a quarry and use the ROW for access. Forestry comes under that banner too!

    A few years ago I'd have agreed with you in that it would be a very contrary person to stop someone in that way. But I've seen the way people behave and eaten bread is soon forgotten. The courts tend to agree too as there has been cases where ones lost the court case because they couldn't prove that they were only accessing the land that they did have a ROW for not alone the new field B!!!



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